The defendant costs specialists

Posts made in March, 2010

Lord Justice Jackson TV – 2

By on Mar 24, 2010 | 0 comments

More from Lord Justice Jackson, being interviewed by Neil Rose, on the Review of Civil Litigation Costs, courtesy of Mobile Doctors: (If you receive the Legal Costs Blog via email you made need to adjust your security settings to view the...

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51st Update to the CPR – 1

By on Mar 23, 2010 | 2 comments

The 51st Update to the Civil Procedure Rules introduces changes in a number of costs areas. The changes come into force on 6 April 2010. The rules take a massive leap into the 21st Century. E-mails out can now be treated in the same way as letters out for the purpose of bill drafting and costs recovery.       CPD 43.3(h) is amended so that when requesting a hearing date the solicitor should also give, in addition to a fax number, an "e-mail address where available".     Whoa!  Slow down with the technical mumbo-jumbo egg-heads.  What’s this so-called "fax" meant to be?   If you think the rules committee has gone technology mad, you can breath a sigh of relief that CPD 35.6 appears to remain unaltered:   (1) This paragraph applies in cases in which Points of Dispute are capable of being copied onto a computer disk.   (2) If, within 14 days of the receipt of the Points of Dispute, the receiving party requests a disk copy of them, the paying party must supply him with a copy free of charge not more than 7 days after the date on which he received the request.   So you can still send the receiving party your Points of Dispute on an 8-inch floppy disk in a format that was only briefly used by the KGB in the early 1980s and still fully comply with the rules.  Not that anybody who works in the legal costs world is that...

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Nicholas Bacon QC

By on Mar 22, 2010 | 1 comment

Congratulations to specialist costs counsel Nick Bacon who has been elevated to Queen’s Counsel with effect today.  He joins Jeremy Morgan QC as only the second barrister to become a QC on the back of his costs work. The new RTA claims process, not to mention any Jackson reforms, are likely to keep them both busy for the foreseeable...

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Deputy Costs Judge

By on Mar 19, 2010 | 0 comments

A further definition from The (Alternative) Legal Costs Dictionary:   Deputy Costs Judge n. a lawyer with a real job who has volunteered to spend time in the company of costs draftsmen.  No, really.    ...

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RTA Claims Process – Simple as ABC

By on Mar 18, 2010 | 0 comments

Further to our recent look at the new Ministry of Justice claims process for road traffic accidents, I have another puzzler for you.  Again, I am grateful to Keith Hayward at Victory Legal Costs Solicitors for this one.  The next time the Civil Procedure Rules Committee decides to put together a new set of costs rules they might like to consult with Keith first.   Claimant requests an interim payment in the interim settlement pack of, say, £5,000, but Defendant only pays £1,000. So Claimant commences Part 7 proceedings but forgets to give notice that the claim will no longer continue under the Protocol or doesn’t give notice within 10 days, as required by Protocol 7.23.   Having issued the Part 7 proceedings the Claimant issues an application for an interim payment, and after a fully fought hearing the Court orders an interim payment of £5,000.  What happens now?  Protocol 7.23 makes it clear that unless the Claimant gives notice within 10 days the claim will stay in the Protocol.  So: a.   What costs can be ordered at the end of this contested interim payment hearing if the case is still in the Protocol? b.   What happens to the Part 7 proceedings? Are they stayed until the Claimant is ready to serve the settlement pack? c.   If agreement is not reached at the end of Stage 2 what next?  Does the Claimant now continue with the Part 7 proceedings outside of the scheme, or must the Claimant issue Part 8 proceedings?  Surely we can’t have duplication of proceedings, so how do we continue with Stage 3? I’ll leave you all to have a good think about that; although afterwards you may want to have a quiet lie down in a dark room. Remember the kind of people who are generally going to be handling this type of...

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